Patna High Court
Jaylal RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that anticipatory bail is appropriate as the alleged injuries are not grievous, the petitioner has no criminal antecedent, and there is no substantial risk of tampering or flight.
Summary
Jaylal Ram was arrested in connection with a violent incident arising from a land dispute, where he and others allegedly assaulted an informant and his family while attempting to cremate a dead body. The petitioner claimed innocence, arguing that the injuries were not grievous and that co‑accused had already been granted anticipatory bail in similar cases. The State opposed the bail, citing multiple serious charges under the Bharatiya Nyaya Sanhita. The Court examined the nature of the alleged injuries, the petitioner’s clean record, and the risk of flight or tampering. Considering these factors, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS. The order directs the petitioner to surrender within six weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita.
- Whether the injuries caused to the victims constitute grievous hurt warranting denial of bail.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 329(4), 3(5), 351(2)(3), 482(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 482
- assault
- land dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79353 of 2025
Arising Out of PS. Case No.-198 Year-2024 Thana- PIPRA District- East Champaran
======================================================
Jaylal Ram Son of Raghuvir Ram RO Village- Chakbara PS- Pipra District-
East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar, Advocate
: Ms. Shambhavi Priya, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Pipra P.S. Case No.198 of 2024 instituted under sections
115(2), 117(2), 118(1), 126(2), 109, 303(2), 351(2)(3), 329(4)
and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, on the date of
occurrence, the construction work was going on on a piece of
land, which was settled in favour of the informant’s son. The
petitioner, along with other accused persons, arrived there and
started cremating the dead body. When the informant protested,
the petitioner and other accused persons, total 23 FIR named
accused persons and 20-25 unknown accused persons, assaulted
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him and when his family members arrived in order to save the
informant, they were also assaulted by lathi, farsa, bamboo, etc.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. He submits that due to ongoing gair mazarua land dispute,
the present occurrence took place where the scuffle took place
between the villagers and the side of informant due to the
subject land. Referring to the impugned order, learned counsel
submits that though the learned Sessions Judge, East
Champaran, Motihari has recorded that multiple injuries have
been caused to four persons, but the nature of injury has not
been recorded, which is not grievous / serious in nature. He
submits that similarly situated other co-accused persons have
already been granted the privilege of anticipatory bail by a
different co-ordinate Bench of this Court vide order 20.11.2024
passed in Cr. Misc. No. 77032 of 2024, vide order dated
21.01.2025 passed in Cr. Misc. No. 87824 of 2024, vide order
dated 25.02.2025 passed in Cr. Misc. No. 13869 of 2025. He
further submits that petitioner has no criminal antecedent and he
undertakes to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
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6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioner be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount to each to the satisfaction of the
learned S.D.J.M., East Champaran, Motihari in connection with
Pipra P.S. Case No.198 of 2024, subject to the conditions laid
down in Section 482(2) of the BNSS.
(Sunil Dutta Mishra, J)
AjayMishra/-
U T
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